Landis to be rewarded $$$ under whistle blower and protected
Anton Berlin
investigation into Floyd Landis’ claims against Lance Armstrong and
others is unknown. But a San Francisco lawyer who specializes in
bringing fraud suits against government contractors says Landis could
be acting as a whistleblower for a False Claims Act suit.
If that’s the case, Landis could be protected from some prosecution
and could receive up to 30 percent of any judgment from a successful
claim based on his information. And the judgment could be huge: a
person found to have broken the False Claims Act is liable for a fine
of between $5,000 and $10,000 and three times the actual damages.
So far no government official has confirmed publicly that the Landis
claims are being investigated, although the New York Times cites two
sources anonymously who confirmed the investigation. Armstrong and his
current RadioShack team have denied all of Landis’ claims. On
Wednesday the team issued a statement on its Web site saying that
Armstrong expected to be vindicated by any investigation.
The USPS paid an estimated $8 million and $10 million a year to the
cycling team’s management company during the Post Office’s four years’
involvement with the team. Armstrong was part owner of the management
company, Tailwind Sports, which was based in San Francisco. The
company was founded by well-known investor Thomas Weisel.
A False Claims Act prosecution would have to establish that the team’s
management was aware that some athletes on the team doped while
sponsored by the U.S. Postal Service. Attorney Paul D. Scott said that
could be tantamount to defrauding the federal government.
“Presumably the purpose of sponsorship is for the athletes to reflect
well on the sponsor. If it turns out there was illegal drug use and
that was known to the company at the time, and the company represented
that its athletes were clean, that would be fraud against the
government,” said Scott, a former U.S. Department of Justice attorney.
Complaints made under the False Claims Act are sealed while they are
being investigated.
K. Fred Gauss
> The nature � and even existence � of the reported federal
> investigation into Floyd Landis� claims against Lance Armstrong and
> others is unknown. But a San Francisco lawyer who specializes in
> bringing fraud suits against government contractors says Landis could
> be acting as a whistleblower for a False Claims Act suit.
>
> and could receive up to 30 percent of any judgment from a successful
> claim based on his information. And the judgment could be huge: a
> person found to have broken the False Claims Act is liable for a fine
> of between $5,000 and $10,000 and three times the actual damages.
>
> So far no government official has confirmed publicly that the Landis
> claims are being investigated, although the New York Times cites two
> sources anonymously who confirmed the investigation. Armstrong and his
> Wednesday the team issued a statement on its Web site saying that
> Armstrong expected to be vindicated by any investigation.
>
> The USPS paid an estimated $8 million and $10 million a year to the
> involvement with the team. Armstrong was part owner of the management
> company, Tailwind Sports, which was based in San Francisco. The
> company was founded by well-known investor Thomas Weisel.
>
> management was aware that some athletes on the team doped while
> sponsored by the U.S. Postal Service. Attorney Paul D. Scott said that
> could be tantamount to defrauding the federal government.
>
> well on the sponsor. If it turns out there was illegal drug use and
> that was known to the company at the time, and the company represented
> that its athletes were clean, that would be fraud against the
>
> Complaints made under the False Claims Act are sealed while they are
> being investigated.
>
> Read more:
> http://velonews.competitor.com/2010/05/news/expert-floyd-landis-could-be-protected-%e2%80%94-and-rewarded-%e2%80%94-by-whistleblower-law_118741#ixzz0pBLYp5Ik
If this is true, then Tailwind is the object of the investigation, not
Armstrong. Tune in for tomorrow's continued speculation...
Anton Berlin
> > investigation into Floyd Landis’ claims against Lance Armstrong and
> > others is unknown. But a San Francisco lawyer who specializes in
> > bringing fraud suits against government contractors says Landis could
> > be acting as a whistleblower for a False Claims Act suit.
>
> > and could receive up to 30 percent of any judgment from a successful
> > claim based on his information. And the judgment could be huge: a
> > person found to have broken the False Claims Act is liable for a fine
> > of between $5,000 and $10,000 and three times the actual damages.
>
> > So far no government official has confirmed publicly that the Landis
> > claims are being investigated, although the New York Times cites two
> > sources anonymously who confirmed the investigation. Armstrong and his
> > Wednesday the team issued a statement on its Web site saying that
> > Armstrong expected to be vindicated by any investigation.
>
> > The USPS paid an estimated $8 million and $10 million a year to the
> > involvement with the team. Armstrong was part owner of the management
> > company, Tailwind Sports, which was based in San Francisco. The
> > company was founded by well-known investor Thomas Weisel.
>
> > management was aware that some athletes on the team doped while
> > sponsored by the U.S. Postal Service. Attorney Paul D. Scott said that
> > could be tantamount to defrauding the federal government.
>
> > well on the sponsor. If it turns out there was illegal drug use and
> > that was known to the company at the time, and the company represented
> > that its athletes were clean, that would be fraud against the
>
> > Complaints made under the False Claims Act are sealed while they are
> > being investigated.
>
> > Read more:
>
> If this is true, then Tailwind is the object of the investigation, not
>
> - Show quoted text -
Uh - Tailwind is Armstrong
K. Fred Gauss
> Uh - Tailwind is Armstrong
Corporations are not people, people are not corporations.
If that's too nuanced, I apologize. Please continue with your "Things
are stuff" point of view unimpeded.
Amit Ghosh
> The nature — and even existence — of the reported federal
> investigation into Floyd Landis’ claims against Lance Armstrong and
> others is unknown. But a San Francisco lawyer who specializes in
> bringing fraud suits against government contractors says Landis could
> be acting as a whistleblower for a False Claims Act suit.
>
> If that’s the case, Landis could be protected from some prosecution
> and could receive up to 30 percent of any judgment from a successful
> claim based on his information. And the judgment could be huge: a
> person found to have broken the False Claims Act is liable for a fine
> of between $5,000 and $10,000 and three times the actual damages.
>
dumbass,
you must be drinking brent kay's kool aid.
floyd isn't a whitleblower.
he claims he was cheating along with everyone, but he was caught and
sometime later confessed and then decided to implicate a bunch of
others.
i guess then sammy the bull and kirk radomski are also whistleblowers,
why didn't they get big payouts.
Anton Berlin
How many execs and board members are in US prisons at this time for
criminal acts commited while in the employ or ownership of a
corporation?
Use your brain shithead. What did you think they'd do - lock up the
company's logo ?
Anton Berlin
Whistle blowers aren't always innocent parties.
cur...@the-md-russells.org
<truth...@yahoo.com> wrote:
>�Presumably the purpose of sponsorship is for the athletes to reflect
>well on the sponsor. If it turns out there was illegal drug use and
>that was known to the company at the time, and the company represented
>that its athletes were clean, that would be fraud against the
>government,� said Scott, a former U.S. Department of Justice attorney.
Comments of an attorny that favors whistle blowers to begin with. I'm
not sure that his 'Presumably...' line will hold up, much less that
defrauding the Post Office is equivalent to defrauding the federal
government.
In any event, I still don't think that's what the feds are after. Too
much effort for too little pay off if all they get is one small
company. They're intent on curbing a sport that has made too many
headlines lately for drug use and the net is both wider and thinner
(criminal charge-wise, that is) than the 'let's burn LA' crowd will
wish. Let's face it - if they go in with a lot of publicity and all
they have to show for it is no more than some of Floyd's allegations,
they will look like fools.
Investigate drug use in cycling and only come up with Tailwind? Get
real. They want an acknowledgement that the drug use was wide spread
and then get a protocol signed for the future. LA will be a footnote
to that. The attorney that got LA means little - the attorney that
helped clean up a sport is the cachet he wants.
Curtis L. Russell
Odenton, MD (USA)
Just someone on two wheels...
cur...@the-md-russells.org
<truth...@yahoo.com> wrote:
>If that�s the case, Landis could be protected from some prosecution
>and could receive up to 30 percent of any judgment from a successful
>claim based on his information. And the judgment could be huge: a
>person found to have broken the False Claims Act is liable for a fine
>of between $5,000 and $10,000 and three times the actual damages.
Just going through various sources on this:
From any PDF of the FCA:
The False Claims Act ("FCA") provides, in pertinent part, that:
(a) Any person who (1) knowingly presents, or causes to be presented,
to an officer or employee of the United States Government or a member
of the Armed Forces of the United States a false or fraudulent claim
for payment or approval; (2) knowingly makes, uses, or causes to be
made or used, a false record or statement to get a false or fraudulent
claim paid or approved by the Government; (3) conspires to defraud the
Government by getting a false or fraudulent claim paid or approved by
the Government;. . . or (7) knowingly makes, uses, or causes to be
made or used, a false record or statement to conceal, avoid, or
decrease an obligation to pay or transmit money or property to the
Government,
So we start with the question of whether or not this covers a PR
payment from the U.S. Post Office.
Second, to get the 30%, it requires that Floyd successfully sue
Tailwind and LA without government intervention in the suit. If the
government joins the suit, the payout drops to 25%.
Actual damages may not be that large. Even given the 'Presumably...'
part, the decision may be that only a minor part of the payments made
were subject to the FCA assessment and the total payout under FCA
would not amount to a hill of beans.
And then we have the whole issue that the PR payments were publically
described as applying to the U.S.Postal operation in the world at
large and Europe specifically and not to U.S. operations. This was in
specific response to inquiries as to why.
http://usgovinfo.about.com/cs/consumer/a/uspslance.htm
"According to a February 2003 USPS Inspector General (OIG) report, the
objective of the sponsorship was to "increase revenue and sales of
Postal Service's products on a global basis and to increase sales in
key international markets" with a specific monetary goal of increasing
[annual international] revenue by $20 million."
The secondary problem is that the results were not achieved, whether
the success of the team was due to clean, dirty or mixed racing.
Revenue fell. That's part of the trouble of assessing damages from PR
payments - its not like a doctor faking $ 2,000,000 of medicare
payments for no work.
Finally, the 'money trail' in this instance has a major hurdle in that
the U.S. Post Office has a history, including sponsorship of the
Olympics and the U.S.Postal team, of sloppy record keeping, derailing
several investigations previously, complete with reports and finger
pointing. But it doesn't make that part of the paper trail any easier
to follow.
I think an attorny had a mike put in his face and he grabbed some
cheap PR himself.
B. Lafferty
B. Lafferty
> On Thu, 27 May 2010 18:08:16 -0700 (PDT), Anton Berlin
> <truth...@yahoo.com> wrote:
>
>> well on the sponsor. If it turns out there was illegal drug use and
>> that was known to the company at the time, and the company represented
>> that its athletes were clean, that would be fraud against the
>
> Comments of an attorny that favors whistle blowers to begin with. I'm
> not sure that his 'Presumably...' line will hold up, much less that
> defrauding the Post Office is equivalent to defrauding the federal
> government.
>
> In any event, I still don't think that's what the feds are after. Too
> much effort for too little pay off if all they get is one small
> company. They're intent on curbing a sport that has made too many
> headlines lately for drug use and the net is both wider and thinner
> (criminal charge-wise, that is) than the 'let's burn LA' crowd will
> wish. Let's face it - if they go in with a lot of publicity and all
> they have to show for it is no more than some of Floyd's allegations,
> they will look like fools.
>
> Investigate drug use in cycling and only come up with Tailwind? Get
> real. They want an acknowledgement that the drug use was wide spread
> and then get a protocol signed for the future. LA will be a footnote
> to that. The attorney that got LA means little - the attorney that
> helped clean up a sport is the cachet he wants.
>
> Curtis L. Russell
> Odenton, MD (USA)
> Just someone on two wheels...
Armstrong and Weisel doing the perp walk in cuffs?
Fred Flintstein
> You don't think prosecutors would be interested in video/photos of
> Armstrong and Weisel doing the perp walk in cuffs?
Dude, not everyone grooves on the same whacking material
that you do.
Fred Flintstein
B. Lafferty
--D-y
<Some...@Somewhere.You.Dont.Wanna.Be> wrote:
> Anton Berlin wrote:
> > Uh - Tailwind is Armstrong
>
> Corporations are not people, people are not corporations.
Corporations are too people, at least in the USA.
--D-y
K. Fred Gauss
> On May 27, 11:28 pm, "K. Fred Gauss"
> <Some...@Somewhere.You.Dont.Wanna.Be> wrote:
>> Anton Berlin wrote:
>>> Uh - Tailwind is Armstrong
>>
>> Corporations are not people, people are not corporations.
>>
>> If that's too nuanced, I apologize. Please continue with your "Things
>> are stuff" point of view unimpeded.
>
> How many execs and board members are in US prisons at this time for
> criminal acts commited while in the employ or ownership of a
> corporation?
Apparently, there's a limit of one per company? God damn, how thick are you?
> Use your brain shithead. What did you think they'd do - lock up the
> company's logo ?
Nitwit.
I'll try it this way: Tailwind is not JUST Armstrong.
K. Fred Gauss
The fact is that if they're going after fraud committed by Tailwind, it
is not the same thing as investigating doping violations by Armstrong.
It's a bigger thing. The questions asked will be wider ranging and the
number of people who could potentially go to jail increases.
Lord knows why Anton has trouble grasping that.
Anton Berlin
Nice cover for your earlier moronic post. I'm not the oly one that
saw you didn't know what the fuck you're writing about.
Fred Flintstein
> Lord knows why Anton has trouble grasping that.
If he's trolling then he has incentive to *not*
grasp that.
Just sayin'.
Fred Flintstein
K. Fred Gauss
> You don't think prosecutors would be interested in video/photos of
> Armstrong and Weisel doing the perp walk in cuffs?
It's nice that you're including Weisel, too. Why stop there? Why not
Bruyneel? If they're investigating Tailwind and they come close to the
truth, then I'd expect pretty much anyone involved to be implicated in
some way. Every rider, every soigneur, every management type. Anything
else strains credulity.
At the very least many, many people can be threatened with jail and
convinced to cut a deal.
B. Lafferty
If Johan wants in on the walk, I'm sure that can be arranged.
K. Fred Gauss
The difference between a Federal investigation of Lance Armstrong for
doping violations and investigating Tailwind Sports for fraud is the
difference between fantasy and reality. One of those is something a
prosecutor wants on his resume and the other is something he doesn't
give a shit about. Going after Tailwind instead of just Armstrong is
huge. It shows that someone is interested in getting results
It's not my fault you're such an unimaginative turd that it took you 24
hours to catch up.
K. Fred Gauss
If he enjoys looking like a myopic dumbass, who am I to deny him?
K. Fred Gauss
> In any event, I still don't think that's what the feds are after. Too
> much effort for too little pay off if all they get is one small
> company. They're intent on curbing a sport that has made too many
> headlines lately for drug use and the net is both wider and thinner
> (criminal charge-wise, that is) than the 'let's burn LA' crowd will
> wish.
I disagree. I don't think the feds give a damn about doping in cycling
or LA, either. This is about careers and reputations. Even though
Tailwind is a small company, the fraud investigation will be high
profile because it has LA's name attached. Being central to making this
a successful this investigation/prosecution would be good for someone's
career. It's not going away unless someone decides there's nothing here
and closes the investigation to cut their losses (that will not happen)
or it ends up in a courtroom.